Follow-up questions to DOE about their new AI/ screentime policies

We sent these questions to DOE on Sept. 4, 2026.  We will add the answers if and when we get a response.  Meanwhile, parents and others are encouraged to ask these and other questions of their choice to their principals and Superintendents as well.

Follow-up questions to DOE about their new AI / screentime policies

Will DOE release the results of the May 2026 survey, in which principals were asked what ed tech tools are used in their schools and which have embedded AI?

What are the names of the 40 AI or so products that will no longer be used in NYC schools, and what are the five AI products that are approved?

Google search now uses AI, and in addition, AI overview often pops up when students utilize such a search, inviting more queries.  Common Sense Media gave Google Search’s AI features an “Unacceptable Risk” rating for children.  Will  Google search be blocked on student Chromebooks and will they be advised to use a more protective browser and search engine like DuckDuck Go?

What guidance will be provided to principals, teachers, families or students about whether students should or should not use off-the-shelf or paid AI products for their assigned class work  out of school?

Will  guidance be sent to schools to forbid teachers from assigning students to use off-the-shelf AI products on their own out of school  in their homework?  [This has been done in NYC schools, and though we asked DOE to send out guidance prohibiting this since off-the-shelf products violate Ed Law 2D, they have not done so, to our knowledge.]

Some teachers tell us that they currently  use non-ERMA approved ed tech tools including Kahoot, Gemini, and Chat GPT,  but make sure not to enter student PII into the product.  Will that continue to be allowed – leaving it up to teacher discretion in this way?

Principals are already reporting they have received many vendor emails saying “we have removed all AI from our products.” What verification process will DoE employ to ensure that the products used in schools do not have embedded AI or have removed it?

What verification and oversight will be exercised to ensure that ed tech tools in general do not data-mine student PII  in ways that violate Ed Law 2D, including to improve their product?   One tech expert says this would be difficult if not impossible to monitor unless DOE downloaded and used the software on its own servers; does DOE disagree?

According to this Chalkbeat article, any new district or principal request for ed tech under $25,000 will now undergo an extra layer of review from the Education Department’s IT, legal, and contracts teams.  What about the previous ed tech products purchased by schools?  And what will that review include that wasn’t done previously?

The  new guidance explains that the ban on AI products in 2K through 8th does not cover tools that are “necessary” for SWDs and ELLs.  Will parents of SWDs and ELLs be told which AI products their children will be assigned,  and why they are deemed “necessary”?

For SWDs, do these products have to  be limited to those specified in their IEP or 504 plan, as noted on the online guidance, and if so will parents have the right to opt out?  What about ELLs – will parents be informed and also have the right to opt out?

Will you make public the privacy policies of the AI tools assigned to SWDs and ELLs, and explain how their PII  will be minimized, deleted when no longer necessary, and safeguarded from breach and commercial use, including data-mining for product improvement?

Can you do the same for the AI products to be piloted in HS and how they were selected?

Who will be assigned to evaluate the results of the HS pilots, and will DOE release the results?    Is any independent research firm being commissioned to do so?

Will DoE release the results of the 200 or so schools which piloted AI products this past year?

Teachers are apparently allowed to use AI for lesson plans and in their interactions with students. What safeguards will be used to prevent these lesson plans and interactions from including misinformation, and/or algorithmic bias?

While the guidance says that AI may not be used for grading, can it be used for correcting student homework?  Can it be used to generate text and images distributed to students?

It says that “All special education documents are developed by qualified professionals.”  Does that mean staff cannot use AI programs to draft IEPs?

Will the pilot programs in high schools allow or encourage students to use AI  to generate writing and images instead of writing and drawing independently?

Who will design the mandatory AI literacy classes, and can parents or members of the public see the curriculum before it is assigned to students?

 

Questions about screentime and ed tech policy 

We just received a screenshot informing school IT staff that  YouTube videos cannot be directly assigned to students via their URL but instead the link must be embedded in Google Classroom, as Google announced to the state and to districts that YouTube would no longer comply with Ed Law 2D, the state student privacy law, in March 2025.  Why did it take 18 months for DOE to take this step, and what assurances do you have that this workaround will protect student data as the law requires?  Will teachers also be informed that they are not to assign students to watch YouTube videos at home on their personal computers as well?

What specific  changes will be made to the  procurement process when it comes to strengthening DOE’s privacy vetting practices and to ensure that any product or service has evidence of its educational efficacy before it is purchased,  as  the Mayor  suggested will occur?  Can you describe these reforms?

On the DOE website it says, “Exceptions to screen time limits include assistive technologies, assessments (e.g. screeners and diagnostics), out-of-school learning (e.g. remote instruction days), and centrally approved instruction (e.g. e-books, robotics, coding, simulations).” Will a list of the exempted screeners, diagnostics and other products be provided?

Does this mean that students could be assigned to take screeners and/or read e-books on screens for many hours per day?

Will the DOE provide schools and students with a wider selection of non-digital options in terms of curriculum, screeners and assessments?

The guidance states  that “teacher-led use of tools—such as computers, tablets, and interactive smart boards—is allowable for whole or small group instruction.”  Can you explain the definition of “teacher-led” and does that mean that these sessions are exempt from any recommended limits?

Some principals have been told that to get around the suggested 1:1 Screen time limits, they should ask two students to share one  laptop.  Would this be acceptable as an exception to the guidelines?  Can students in 2K though 2nd grade otherwise barred from 1 on 1 screentime instead be assigned to do programs on a shared laptop?

How will DOE oversee the suggested limits on screentime?  Will schools be required to keep records and report how much time is used on screens either to Central DOE or to parents?

Will parents be given a list of the products, including screeners and diagnostics,  that are not subject to these recommended guidelines, and told  how much time is spent on them weekly?

Will parents  be given access to an up-to-date list of the  ed tech approved for use in their schools as required by Ed law 2D, as well as those that have AI capability?

What specific  changes will be made to the DOE  procurement process when it comes to strengthening DOE’s privacy vetting practices and ensuring that any product or service provides evidence of educational efficacy before it is purchased,  as  the Mayor at the press conference  suggested will occur?  Can you describe these reforms?

As the recent State Comptroller’s audit showed, the DOE’s oversight and compliance with Ed Law 2D has been weak, leading to breaches and misuse of student data.  Will independent privacy impact assessments, data security audits, and/or tests for algorithmic bias be required?

A recent Utah audit found that 52% of classroom apps violate privacy agreements, sending student data to advertisers and other commercial operations.  Is DOE commissioning a similar audit?

Several of the recent data breaches have exposed the data of thousands of former NYC students who have long graduated or otherwise left the system.  Will DOE now ensure that their vendors employ data minimization and deletion, as required by the state law, so that these companies do not hold onto information that is no longer needed to perform their contracted services? 

Questions about public feedback

The guidance says that parents and others who want to provide feedback on this guidance, ask questions, or offer information as to whether it is working in their schools should contact their PTA, CEC of the PEP, but these bodies have little direct influence on the DOE policies in our experience.  Is there no point person at the DOE  to whom they can ask questions and share their concerns? 

Can parents and others apply to be members of the Technology in Schools Coalition that is being tasked with creating a permanent AI and screentime policy, and if so how?

Will the Coalition hold open meetings and public sessions where students, parents, teachers and others can share their views and experience going forward?

Submitted by Leonie Haimson, Parent Coalition for Student Privacy, and on behalf of the AIM Coalition